Findings - CC - 2022 - FPUD-11-21 & FP-17-21 - Stags Crossing Sub. No. 2 Final Development Plan And Final Plat BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR STAGS CROSSING SUBDIVISION )
NO.2 FOR COTTONWOOD CREEK,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-11-21 &FP-17-21
The above-entitled final development plan and fmal plat applications came before the Eagle City Council
for their action on March 8, 2022. The Council having heard and taken oral and written testimony, and
having duly considered the matter,makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cottonwood Creek, LLC, represented by Darcy Hart with Urban Solutions, LLC, is requesting final
planned unit development and final plat approvals for Stags Crossing Subdivision No. 2, a 54-lot(44-
buildable, 10-common),residential subdivision.The 32.10-acre site is located on the south side of West
Beacon Light Road and 1,750-feet west of N Lanewood Road at the terminus of North Arena Avenue.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on December 28, 2021.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On February 4, 2021, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD),conditional use permit,preliminary development plan,and a preliminary plat approvals for Stags
Crossing Subdivision(A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20).
On June 8, 2021, the City Council approved the design review applications for the common area
landscaping and entry monument signs for Stags Crossing Subdivision(DR-18-21/DR-19-21).
On July 13, 2021, the City Council approved the final planned unit development plan and final plat
applications Stags Crossing Subdivision No. 1 (FPUD-06-21/FP-09-21).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 4,2021,are incorporated herein
by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses
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proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,and
increased densities will not generate traffic in such amounts as to overload the street network
outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan, in accordance with the PUD and the adopted policy
of the council;
f. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any,that the applicant could take to obtain a permit.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT
• The City Engineer and Planning staff has reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions
recommended herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 8, 2022. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-11-21 & FP-17-21 for a final development plan and final plat
for Stags Crossing Subdivision No. 1 for Cottonwood Creek LLC, with the following staff recommended
site specific conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
Staff recommends approval of the final development plan and final plat with the following conditions:
1. Comply with all requirements of the City Engineer.
2. Comply with all requirements of A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20.
3. Comply with all conditions of DR-18-21 and DR-19-21.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
5. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to the City Clerk signing the final plat.
6. The Stags Crossing Subdivision shall remain under the control of one Homeowners Association.
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7. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
8. The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Stags Crossing Subdivision, including a conversation easement for the
area located in the southwest portion of the site (adjacent to the Dry Creek Canal) prior to the City
Clerk signing the first final plat.
9. The required setbacks shall be as follows:
Front 31-feet(front load garage)
25-feet(side entry garage)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
10. All common area improvements within Stags Crossing Subdivision as specified on the approved
landscape plan(DR-18-21 and DR-19-21)shall be completed or a surety shall be provided as required
by Eagle City Code prior to the City Clerk signing the final plat.
11. The developer shall provide 2-inch minimum caliper shade-class trees as shown on the approved
landscape plan. Prior to the City Clerk signing the final plat, the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150%of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that
is completed, including street trees that have been installed. On-going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
12. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
13. The applicant shall not construct any required improvements, including, storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings,the City will issue
a"notice to proceed with construction"to the applicant's designated representative.
14. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,prior to
the issuance of a"notice to proceed with construction"letter to the project engineer.
15. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department prior
to the issuance of a"notice to proceed with construction" letter to the project engineer.
16. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
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17. The applicant shall install at the entrances to Stags Crossing Subdivision,4'x 4'plywood or other hard
surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
18. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that,"This Street is to be extended in the future".
19. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights-of way-abutting and within this site, prior to the City Clerk
signing the final plat.
20. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
21. The applicant shall provide an approval letter for completion of the municipal water system
improvements from the City of Eagle Municipal Water Department or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
22. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
23. Provide a copy of the recorded CC&Rs for the subdivision,two(2)full size copies of the recorded final
plat, and an 8 1/2"x 11"recorded copy of the final plat of Stags Crossing Subdivision No. 2, prior to
the issuance of any building permits.
24. All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open-style such as wrought iron or extruded aluminum(looks identical to wrought iron). All other
fencing(i.e. dog-ear type cedar fencing, vinyl,chainlink)shall be prohibited.Fencing in any required
front yard area shall be open-style and limited to four-feet(4') in height.
25. The public pathway located along New Dry Creek Canal shall be located within a recorded easement
or easements dedicated to and accepted by the City. The recorded easement shall address the City's
responsibility for maintenance of the public pathway in perpetuity. The instrument number of the
recorded easement or easements shall be referenced on the face of the final plat, upon recordation of
the final plat. The applicant shallprovide a revised final plat with a new plat note which states, "A
public pathway easement is provided along the New Dry Creek Canal (as delineated) in favor of the
Cityof Ea le recorded as Instrument No. official records of Ada Coun
Idaho."The revised final plat shall be provided prior to the City Clerk signing the final plat.
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B),the Council finds that the facts submitted with the
application and presented to the Council,with the conditions herein, establish that:
1. This subdivision will be initiated within one year of the date of approval based upon the testimony
and documentation presented by the developer;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or that
adequate assurance can be provided that such objective will be attained and the uses will not be
detrimental to present and potential surrounding uses,but will have a beneficial effect which would
not be achieved under standard district regulations because of the conditions placed on this
development;
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3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan, in accordance with the PUD and the adopted policy of
the Council because the varied lot sizes and setbacks as specifically approved by the City will allow
for a mix of housing types in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses,that might impact the planned
residential areas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan;and
8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
DATED this 22nd day of March 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J. •fierce,Mayor
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